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As Court Case Against It Looms, Rosatom (Russia), KEPCO (S. Korea), EDF (France), China State Nuclear – All State Owned Entities- Express Interest in S. Africa Nuclear Station Showing That Nuclear Power Is Unsustainable in a Free Market

Although a court case against the project will not be heard until end February, the South African government has announced that Rosatom (Russia), KEPCO (S. Korea), EDF (France), China State Nuclear Power Technology – all majority owned by their respective governments- have expressed interest in a South Africa Nuclear Power project, demonstrating that nuclear power is non-competitive in a free market. Nuclear Power can, and has only, survived due to taxpayer and ratepayer subsidies. Although the South African government alleges that 27 companies have expressed an interest, probably most are either subsidiaries of the above companies, or other government owned nuclear entities. Additionally, this number might include contractors and subcontractors to the above. Japan’s Toshiba, which owns Westinghouse, has announced that it wants to get out of the nuclear power business. Toshiba is not government owned, and nuclear energy has proven a money-losing endeavor.

“On 13 December 2016, the Western Cape High Court postponed the challenge by Environmental Justice Groups Earthlife Africa Johannesburg (ELA-JHB) and the Southern African Faith Communities Environment Institute (SAFCEI), to the legality of the government’s nuclear procurement deal. In doing so, the Court ordered the Minister of Energy to pay the applicants’ costs on a punitive scale, including the costs of four counsel. The importance of the challenge is clear: it relates to the largest procurement deal the country has seen since the advent of democracy, a deal which is feared to have been engineered for Russia to be the preferred bidder … The Judges made it clear that the case needed to be heard on an expedited basis, and the case has been adjourned for hearing on 22 to 24 February 2017….” Emphasis added, CC: http://earthlife.org.za/2016/12/update-nuclear-case-postponed-to-february-2017-government-ordered-to-pay-punitive-costs/. A study produced last November found that the proposed Thyspunt Nuclear Site in South Africa is prone to storms, sea level rise, and localized tsunamis, which could lead to a Fukushima like disaster.

Having anything to do with the nuclear industry appears to be a lot like having to do with the mafia – once you are in, they don’t want to let you out. And, of course, the nuclear waste needs to be monitored for perpetuity, but this cost, once again, is dumped upon the taxpayer, ratepayer, the environment and public health costs. The same is true in the event of a nuclear accident, as TEPCO’s Fukushima disaster has proven.

There are multiple subsidiaries of Russian Government owned Rosatom which might be involved, and others may be created: “Rosatom controls nuclear power holding Atomenergoprom, nuclear weapons companies, research institutes and nuclear and radiation safety agencies… OKB Gidropress, which develops the current Russian nuclear power station range VVER, is a subsidiary of Rosatom. OKBM Afrikantov, which develops the current Russian nuclear power station BN-series such as BN-800 and BN-1200, is a subsidiary of Rosatom.“. https://en.wikipedia.org/wiki/Rosatom. There is also Atomstroyexport.

There are multiple Chinese Government owned nuclear companies, and how many subsidiaries to these?
“* China National Nuclear Corporation
* China General Nuclear Power Group
* State Nuclear Power Technology Corporation
* China Nuclear International Uranium Corporation” https://en.wikipedia.org/wiki/Nuclear_power_in_China

Areva or a spin-off may be involved along with EDF, and any number of subsidiaries. Also, Engie, formerly GDF-Suez, might be involved. GE-Hitachi appears possible but improbable given Toshiba-Westinghouse’s current state of affairs.

In South Africa:
“ENERGY MINISTER STILL TAKING SECRET ACTIONS ON NUCLEAR ENERGY” by Safcei on January 10, 2017, read the article here: http://nuclearcostssa.org/?p=3664

As reported by Earthlife Africa:
“UPDATE: NUCLEAR CASE POSTPONED TO FEBRUARY 2017 – GOVERNMENT ORDERED TO PAY PUNITIVE COSTS, by T Tsipa
December 14, 2016
Campaigns, Climate change, Nuclear energy, Renewable energy
NEWS RELEASE 13 DECEMBER 2016
UPDATE: NUCLEAR CASE POSTPONED TO FEBRUARY 2017 – GOVERNMENT ORDERED TO PAY PUNITIVE COSTS On 13 December 2016, the Western Cape High Court postponed the challenge by Environmental Justice Groups Earthlife Africa Johannesburg (ELA-JHB) and the Southern African Faith Communities Environment Institute (SAFCEI), to the legality of the government’s nuclear procurement deal. In doing so, the Court ordered the Minister of Energy to pay the applicants’ costs on a punitive scale, including the costs of four counsel.

The importance of the challenge is clear: it relates to the largest procurement deal the country has seen since the advent of democracy, a deal which is feared to have been engineered for Russia to be the preferred bidder.

In what the Court described as a “disquieting” twist of events, court proceedings began with the senior counsel for the State (Marius Oosthuizen SC) announcing that yet another secretive Section 34 Determination for nuclear power had been signed by the current Minister of Energy, Tina Joemat – Pettersson.

Despite it being signed on 5 December 2016, the Court was not informed thereof and neither were the applicants – until literally minutes before the hearing was to begin. The Court stressed in its judgment that there was no evidence presented to the court explaining how this determination came about, when it was decided upon and the processes leading thereto, despite the Determination apparently having been made more than a week before the hearing.

The state’s legal team also argued that the Department of Energy is no longer the procurer of nuclear power but that this responsibility has now been handed over to Eskom, which the State argues is a company with its own board and therefore requires no mandate and no consultation from the state or the public to carry out its business and the spending of public funds.

At the very time that the parties were arguing in court, the media reported that the request for proposals for the procurement of nuclear energy was to be released this week.

Project Coordinator at Earthlife Africa Johannesburg, Dominique Doyle, argues that “this was in fact, nothing short of an insidious delay and divide tactic on behalf of the Department of Energy, Eskom and NERSA. Instead of arguing the legalities and constitutionality of the Determination made in 2013 and then kept secret for 2 years, the courts were forced to deal with this latest development.”

After hearing arguments, and despite the State’s advocate arguing that it should not be ordered to pay punitive costs, the Court expressed its displeasure with the State’s conduct by ordering that the State should pay the costs of the applicants’ four counsel and on a punitive scale.

The Judges made it clear that the case needed to be heard on an expedited basis, and the case has been adjourned for hearing on 22 to 24 February 2017.

Spokesperson for SAFCEI, Liz McDaid says, “Democracy depends on transparent and accountable government decision-making processes. We are looking forward to seeing justice done when we get to court in February next year.”

Also from Earthlife Africa:
“NUCLEAR COURT CASE – (13 DECEMBER 2016), CT HIGH COURT, by T Tsipa, December 13, 2016
Campaigns, Climate change, Nuclear energy, Renewable energy
MEDIA ALERT
13 DECEMBER 2016
NUCLEAR COURT CASE – (13 DECEMBER 2016), CT HIGH COURT
Today, 13 December, Earthlife Africa Johannesburg (ELA-JHB) and the Southern African Faith Communities’ Environment Institute (SAFCEI) head to the Cape Town High Court to legally challenge the SA government’s nuclear procurement process – a process which has been shrouded in secrecy and misinformation – in one of the most significant challenges to government that the country has seen since the Arms Deal.

Dominique Doyle, Project Coordinator from ELA-JHB encourages all South Africans to take note of, and support the nuclear court case opposing the Department of Energy’s (DoE) unconstitutional methods and dealings thus far. Earthlife Africa-Johannesburg has been fighting for fair and transparent government processes in the energy portfolio since the build was announce in 2014, and the case was initially filed in October 2015. They are joined by SAFCEI in the court challenge, with additional support from the Heinrich Böll Foundation (HBS).

“The court case sets out to protect the future well being not only of the country, but of each citizen’s legacy. The government’s energy/electricity plans, which are so strongly geared toward nuclear, are not only a threat to our environment. South Africa simply cannot afford the potential financial and human costs that could occur as a result of this decision, and we therefore need a more transparent and fair process. We need our fellow citizens to demand a chance to participate meaningfully, so that they are fully aware of all the options available to them, and not just blindly accept the DoE and Eskom’s short-sighted ideas,” she says.

ELA-JHB, SAFCEI and HBF welcome the media to continue their support by covering the story, as a way of ensuring that as many South Africans (as possible) know about the situation, about the public participation element and get involved in the deal that could be the ruin of our beautiful country.

In addition to the public presence expected outside the Cape Town High Court tomorrow, there are also a few related events happening around the country – which could provide interesting perspectives from average South Africans. These include:
Johannesburg, Tuesday 13 December – Picket at ESKOM Megawatt Park10am onwards at 1 Maxwell Dr, Sandton 10am onwards at 1 Maxwell Dr, Sandton

Komaggas, Wednesday 14 December – meeting with local people to give feedback on People’s Speak Out Against Nuclear and on the court case (hosted by the Namaqualand Action Group for Environmental Justice)
10am – 4:30pm at the Komaggas Dienspunt
Contact person: Andy Pienaar 027 821 1000

“Eskom is a South African electricity public utility, established in 1923 as the Electricity Supply Commission (ESC) by the government of the Union of South Africa in terms of the Electricity Act (1922). It was founded by a parliamentary act, namely the Electricity Act of 1922, which allowed the Electricity Control Board to appoint Hendrik Johannes van der Bijl as the Chairman of the Board.[4]The company was also known by its Afrikaans name Elektrisiteitsvoorsieningskommissie (EVKOM). The two acronyms were combined in 1986 and the company is now known as Eskom. Eskom represents South Africa in the Southern African Power Pool.” CC-BY: https://en.wikipedia.org/wiki/Eskom

Maarten de Wit, director of the Africa Earth Observatory Network, and professor at the Nelson Mandela Metropolitan University, has reportedly produced a study on the proposed Thyspunt Nuclear Site in South Africa. He pointed out to Reuters that the site is prone to storms, sea level rise, and Tsunamis. The report indicated that currently dormant fault-lines near the site could activate, causing earthquakes and submarine landslides and that this could cause a significant localized tsunami, resulting in a Fukushima-like disaster. Read the entire article here:
“South Africa’s proposed nuclear power plant unsafe – study
Posted:Fri, 25 Nov 2016 12:50:05 -0500 JOHANNESBURG, Nov 25 (Reuters) – South African power provider Eskom has proposed building a nuclear power station on a site that may be at risk of surge storms and tsunamis, a geological report suggests, but the state-owned utility disputes the findings.” http://feeds.reuters.com/~r/reuters/utilitiesNews/~3/NGmPmofq4Co/safrica-nuclearpower-idUSL8N1DQ2I

Chase Winter of Deutsche Welle, 26.11.2016, also reports: “Study finds safety concerns over South African nuclear power plant proposal: A new study has raised safety concerns over the site of a proposed new nuclear power plant in South Africa. The study adds to controversy over transparency, economics and environmental issues.” Read the article here: http://dw.com/p/2THh9